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Terms Of Service
TERMS OF USE AGREEMENT 1. Your Acceptance Welcome to RockYou!.com. Your use of http://www.RockYou.com or other web sites owned or operated by RockYou! (the "RockYou! Sites") and the services provided through or in connection with the RockYou! Sites and viewing of the content available at the RockYou! Sites, is subject to this Terms of Use Agreement and the current RockYou! Privacy Policy published at http://rockyou.com/privacypolicy.php, which is incorporated herein by reference. Each time you use the RockYou! Sites, you agree to be bound by the following Terms of Use and the Privacy Notice. If you do not agree to any of these terms, then you must immediately discontinue your use of the RockYou! Sites. 2. RockYou! Sites These Terms of Use apply to all customers, visitors, users, and others who view the RockYou! Sites ("Users"), including Users who are also contributors of images, video, information, and other materials or services on the RockYou! Sites. The RockYou! Sites may contain links to third-party websites that are not owned or controlled by RockYou!. RockYou! has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, RockYou! will not and cannot censor or edit the content of any third-party site. By using the RockYou! Sites, you expressly relieve RockYou! from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the RockYou! Sites and to read the Terms of Use and Privacy Policy of each other website that you visit. 3. Use of the RockYou! Sites A. RockYou! hereby grants you permission to use the RockYou! Sites as set forth in this Terms of Use, provided that: (i) your use of the RockYou! Sites as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the RockYou! Sites in any medium without RockYou!'s prior written authorization; (iii) you will not alter or modify any part of the RockYou! Sites other than as may be reasonably necessary to use the RockYou! Sites for their intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use. B. In order to access some features of the RockYou! Sites, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify RockYou! immediately of any breach of security or unauthorized use of your account. Although RockYou! will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of RockYou! or others due to such unauthorized use. C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the RockYou! Sites in a manner that sends more request messages to the RockYou! servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, RockYou! grants the operators of public search engines permission to use spiders to copy materials from RockYou! Sites for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. RockYou! reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the RockYou! Sites, nor to use the communication systems provided by the RockYou! Sites for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the RockYou! Sites with respect to their User Submissions (see Section 5 below). E. RockYou! may permanently or temporarily terminate, suspend, or otherwise refuse to permit User’s access to the RockYou! Sites without notice and liability, if, in RockYou!'s sole determination, User violates any of the terms of use, including the following prohibited actions; (i) use the RockYou! Sites for any illegal purpose or to submit, transmit or facilitate the distribution of information or content that is unlawful, harmful, abusive, racially or ethnically offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, libelous, threatening, or in a reasonable person's view, objectionable; (ii) submit, transmit, promote or distribute information or content that is illegal; (iii) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the RockYou! Sites; (iv) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) upload invalid data, viruses, worms, or other software agents through the RockYou! Sites; (vi) use any robot, spider, scraper or other automated access the Service for any purpose without our express written permission; (vii) impersonate another person or otherwise misrepresent User’s affiliation with a person or entity, conduct fraud, hide or attempt to hide User’s identity; (viii) submit, upload, post, email, transmit or otherwise make available any information or content that User does not have a right to make available under any law or under contractual or fiduciary relationships; (ix) interfere with the proper working of the RockYou! Sites; or, (x) bypass the measures we may use to prevent or restrict access to the RockYou! Sites. Upon termination for any reason, User continues to be bound by this Agreement. 4. Intellectual Property Rights The content on the RockYou! Sites, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to RockYou!, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the RockYou! Sites is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. RockYou! reserves all rights not expressly granted in and to the RockYou! Sites and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions (see Section 5 below) of third parties obtained through the RockYou! Sites for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the RockYou! Sites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the RockYou! Sites or the Content therein. 5. User Submissions A. The RockYou! Sites may now or in the future permit the submission of images, sounds, videos or other communications submitted by you and other Users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, RockYou! does not guarantee any confidentiality with respect to any User Submissions. B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize RockYou! to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the RockYou! Sites and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the RockYou! Sites and these Terms of Use. For clarity, you shall retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to RockYou!, you hereby grant RockYou! a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit the User Submissions in connection with the RockYou! Sites and RockYou!'s (and its successor's) business, including without limitation for promoting and redistributing part or all of the RockYou! Sites (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the RockYou! Sites a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the RockYou! Sites and under these Terms of Use, C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant RockYou! all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage RockYou! or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. RockYou! does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and RockYou! expressly disclaims any and all liability in connection with User Submissions. RockYou! does not permit copyright infringing activities and infringement of intellectual property rights on the RockYou! Sites, and RockYou! will remove all Content and User Submissions if properly notified that such Content infringes on another's intellectual property rights. RockYou! reserves the right to remove Content and User Submissions without prior notice. RockYou! will also terminate a User's access to the RockYou! Sites, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had Content or a User Submission removed from the RockYou! Sites more than twice. RockYou! also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. RockYou! may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion. D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512©(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. RockYou!'s designated Copyright Agent to receive notifications of claimed infringement is: Attn: Copyright RockYou! 585 Broadway St., Suite A Redwood City, CA 94063 Email: support@rockyou.com Telephone: 650.421.2000 You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid. E. You understand that when using the RockYou! Sites, you will be exposed to User Submissions from a variety of sources, and that RockYou! is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against RockYou! with respect thereto, and agree to indemnify and hold RockYou!, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. F. RockYou! permits you to link to your own User Submissions hosted on the RockYou! Sites or User Submissions of other third parties available on the RockYou! Sites, for personal, non-commercial purposes only. You understand that the User Submissions, whether or not linked or embedded into other websites, are provided to you only on an as-available basis, and RockYou! does not guarantee that their availability will be uninterrupted or bug free. RockYou! reserves the right to discontinue any aspect to the RockYou! Sites at any time, including discontinuing any linked or embedded Content either generally or in specific cases. 6. Opt Out We may use your information to notify you of important changes to the RockYou! Sites, services, and special offers. If you do not want to receive such notices, you may use the following options to opt out of receiving future communications: A. Send an email message to support@rockyou.com with the word "Remove" in the subject field; or B. Send mail to the following postal address: Lance Tokuda Attn: Remove RockYou! 585 Broadway St. Redwood City, CA 94063 Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers. If RockYou! has provided any third-party with your personal information, you will have to contact the third-party directly with any opt-out request. 7. Warranty Disclaimer YOU AGREE THAT YOUR USE OF THE ROCKYOU! SITES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ROCKYOU!, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE ROCKYOU! SITES AND YOUR USE THEREOF. ROCKYOU! MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE ROCKYOU! SITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE ROCKYOU! SITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE ROCKYOU! SITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ROCKYOU! SITES. ROCKYOU! DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ROCKYOU! SITES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ROCKYOU! WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 8. Limitation of Liability IN NO EVENT SHALL ROCKYOU!, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE ROCKYOU! SITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE ROCKYOU! SITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE ROCKYOU! SITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ROCKYOU! SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ROCKYOU! SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The RockYou! Sites are controlled and offered by RockYou! from its facilities in the United States of America. RockYou! makes no representations that the RockYou! Sites are appropriate or available for use in other locations. Those who access or use the RockYou! Sites from other jurisdictions do so at their own volition and are responsible for compliance with local law. 9. Indemnity You agree to defend, indemnify and hold harmless RockYou!, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the RockYou! Sites; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the RockYou! Sites. 10. Ability to Accept Terms of Use By your use of the RockYou! Sites, you affirm that you are either are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the RockYou! Sites are not intended for children under 13. If you are under 13 years of age, then please do not use the RockYou! Sites. There are lots of other great websites for you. Talk to your parents about what websites are appropriate for you. We recommend that minors over the age of 13 ask their parents or guardians for permission before using or visiting the RockYou! Sites or sending any personal information to anyone over the Internet. 11. Assignment These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by RockYou! without restriction. 12. General A. Governing Law. You agree that: (i) the RockYou! Sites shall be deemed solely based in California; and (ii) the RockYou! Sites shall be deemed passive websites that do not give rise to personal jurisdiction over RockYou!, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and RockYou! that arises in whole or in part from the RockYou! Sites shall be decided exclusively by a court of competent jurisdiction located in San Mateo County, California. B. Entire Agreement/Severability. These Terms of Use, together with the Privacy Notice at http://rockyou.com/privacypolicy.php and any other legal notices published by RockYou! on the RockYou! Sites, shall constitute the entire agreement between you and RockYou! concerning the RockYou! Sites. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. C. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and RockYou!'s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. RockYou! reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the RockYou! Sites following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND ROCKYOU! AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ROCKYOU! SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.